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Home arrow newsitems arrow ECHR President Spielman to EuroFora: EU entry to ECHR to boost Citizens' Rights => +EU Integration ?

ECHR President Spielman to EuroFora: EU entry to ECHR to boost Citizens' Rights => +EU Integration ?

Written by ACM
Friday, 11 April 2014

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*Strasbourg/ENA/Angelo Marcopolo/- The forthcoming EU Accession to the European Convention on Human Rights can strengthen EU Citizens' Rights and thus Stimulate Popular Support for more and better European Integration, agreed in substance, ECHR's President, Dean Spielmann, in reply to a relevant "EuroFora"'s Question.


  - "EuroFora" had asked Spielman if he believed that, a Political advantage for Europe could be to help face  the current need to urgently fil the notorious Gap still existing between EU Citizens and EU Institutions, by the forthcoming EU Accession to the ECHR, as long as this would ameliorate the respect of EU Citizens' Human Rights by all concerned Bureaucracies,  so that their own Feelings vis a vis EU Integration could be Stimulated and gain a new Momentum, able to bring some badly neeeded Fresh Popular Support to the European Edification in the foreseeable Future.

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 - "Yes, certainly !", replied positively ECHR's President to "EuroFora"s question.


 + "I am Convinced about that", President Spielmann stressed in addition.


 - In this regard, "what we need, at the Highest Political Level, are Personalities who have a certain  View ("Vision"), he pointed out earlier.


 - Because "there are certainly important political stakes in the (current) system of EU Integration (in  itself), but we shouldn't lose sight also of a Political Vision which safeguards the level of Human Rights, particularly in some very Technical issues, which have a great Impact in everyday life", he Warned


=> "Instead of getting lost amidst the Daily Details of an "efficiency" at Short term, we must also take a Higher look and have a certain Vision at the Horizon", he advised, reacting also to another, relevant Critical observation made by another EuroJudge, who had complained of the fact that, some EU Officials often look at the EU as an "Efficient" Mechanism, while, on the contrary, they take CoE and ECHR rather as something which might Divert them from their main tasks, as he said.

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Spielmann was speaking Yesterday (Thursday) Evening at a Conference-Debate, co-organized by the CoE and ENA, the prestigious French Higher School for Senior Officials of State and/or European/International Governance, at its Headquarters in Strasbourg, on the occasion of the Publiction of a Book on "EU's Accession to the ECHR", by the PanEuropean Court's Grand Chamber's Registrar, Johan Callewaert, together with Strasbourg University's Professor of Law, Florence Benoit-Rohmer, as well as EU Commission's Legal Officer in charge of the still on-going EU-CoE Negotiation for the forthcoming Accession Treaty, Dr. Hannes Kramer, several EuroJudges, Ambassadors/Permanent Representatives to the CoE, (f.ex. of Belgium, etc).


In fact, in good old times, USA's initial History already had produced an unforgettable concrete example, particularly with the Famous Historic Declaration of Rights and Freedoms, which notoriously starts with the symbolic  formula : - "We, the People !" A well known Inspiration for many, even Today...  


As "EuroFora" previously informed President Spielmann, the main idea that People's genuine interest and support to EU Integration would be Stimulated and developed further, if they felt that at least their Basic Human Rights were effectively protected, (f.ex. on Personal Freedom and Freedom of Expression, Family life, Political or Religious Beliefs, Fair Trial, on participation to really Democratic collective Decision-making, etc), was initially formulated at the Highest level, back on 2008, by Pope emeritus Benedict, (formely Cardinal Ratzinger : a long-time University Professor and Writer), in his official Speech at the Elysée Palace, when he met with former French President Nicolas Sarkozy, who was then Chairing the EU (from July up to Decembre 2008). Sarkozy had practically Replied to that point, in substance, by promissing mainly to promote prior Consultations, at least, of all interested Citizens, with well informed and open "Public Debates", (f.ex. accessible also by Internet Fora, etc), before taking any particularly Important Decision which might seriously affect their Lives and/or Society at large, with an important impact for the present and the Future. (Something that his Government tried to do in real practice, f.ex. with a many Months-long Popular Consultation, via many Regional Conferences and a permanently open Internet Website Forum, etc., before the latest Legal Reform on several crucial issues of BioEthics, (etc).


They had exchanged views about that,  just a few years rs after the 2005-2007 "No" to EuroReferenda in 3 EU Countries : France, the Netherlands and Ireland, which had revealed the crucial need to  take into account, before any Importa,t Decision, and succeed to stimulate EU Citizens' genuine interest, trust and enthousiasm, which is indispensable if European Integration is to advance further in order to become able to really face Today's big Challenges both at Home and in the World. Benedict, as also an experienced former University Professor, who had notoriously published even a landmark Dialogue with famous Philosopher  Jurgen Habermas of the nearby Frankfurt School of thought, basicaly around the idea of "Offentlichkeit", i.e. of a Piublic Space for Debates, and who prepared earlier his 2008 official visit to France, then EU Chair, at an Historic Library at Brixen/Bressanone (South Tirol in Northern Italy), where "EuroFora"s co-founder had stayed and met some among his closest collaborators, was certainly aware of the manifold implications and of the potential of previous, well informed and rational Dialogue with all interested People before important Decisions affecting their social and/or political life, and this was obvious in certain Speeches that he made meanwhile also as Pope, (starting by his 1st, private visit to Bavaria, Germany, when he met and spoke with Intellectuals at the University of Regensburg, back on 2005, where he developed the idea of Rational Dialogue as close to the Respect of personal Freedom of choice and Human Dignity).


Such key-ideas, promoted since at least 1997-2007 by "EuroFora"s co-Founder, (which had already an important place at our 1980 Research Work, of more than 1.000 pages, which had been chosen by the Law Faculty of Strasbourg's University for the award of a Prize destinated to Doctoral ¨PhD. Thesis on a proposal by Paris II Professor Paul Amselek, as well as in our interventions at an interesting 2010 Colloquy organized by the European Pole of Public Administration, the ENA and the University of Strasbourg on relevant developments both at National Laws and in EU Law as well as in ECHR's case law, si obviously also a basic element of the current "EuroFora" project, in favor of Public Debates with EU Citizens before European Organizations take important Decisions which affect their lives.

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- However, in the specific context of EU's Accession to the ECHR, as foreseen by the current EU Lisbon Treaty, one also has to take into account the reality of the existence of "2 Blocks" among the 47 Member States of the PanEuropean CoE : That of those Countries which are also EU Members, and of all the others, (f.ex. Norway, Swittzerland, Russia, Ukraine, Armenia, Georgia, Azerbaidjan and Turkey, etc), other participants in Today's ENA-CoE Debate observed, underlying the fact that this Duality is often met and felt inside alost all CoE's areas of activities, which have thus to manage to build a General PanEuropean Interest outcome each time.


F.ex., the PanEuropean COE wouldn't object at all if the EU might wish to eventually have f.ex. a somewhat Higher Level of Humanb Rights and Democratic Freedoms' Standards, if at least it all respect the basic ECHR prcinciples, some among the participants ensured "EuroFora".


But, concerning in particular EU Judges, an obviously brand new and interesting development in Future, could also be the possibility to refer to the ECHR not only a Direct Application, but also a Prejudicial Question of Wider Interest, f.ex. on the Legality vis a vis Human Rights, of a Draft EU Directive, etc., the participants to the Conference-Debate on EU's Accession to the ECHR highlighted, among also various other interesting, more concrete issues.

 

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(../..)

(NDLR : "EuroFora" intends to return soon back to this issue, with a more thorough presentation of these and probably other similar EU - CoE Debates on that matter, asap).

***

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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
-------------------------

CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment

Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :

A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.

"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...

Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.

Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..

Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...

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Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.

But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..

Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..

woldsteth

"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.

- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.

- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock

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"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"

curtis

PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.

vries

Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...

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